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DID YOU THINK we were done with Tribunals?
After 15 years of the Tribunal of Inquiry Into Certain Planning Matters and Payments - and various other public inquiries into different walks of Irish political life – the Irish public cannot be blamed for having Tribunal Fatigue.
So, when over the past three weeks, they started creeping back onto our newspapers’ front pages, there may not have been the attention given to it as before.
If you’re suffering from hazy memories and need to catch up, here’s everything that’s been happening.
The Mahon Tribunal. But you’re right to be a little confused. It was also known as the Flood Tribunal as it was initially headed by Judge Feargus Flood.
It was an inquiry into “certain planning matters and payments”. It was set up 1997 to investigate allegations of corrupt payments to politicians in relation to planning and re-zoning decisions.
It had a large focus on the Dublin County Council area in the 1990s.
Sitting for almost 15 years (that’s more than 900 days total), it was the longest running public inquiry in the State’s history.
We wrote a handy timeline of how it came about here. But the short version: there were countless numbers of allegations made against public representatives about how they did their business. Hundreds of witnesses were called – some that were less than reliable – and eventually a final report which ran to 3,270 pages was published.
Tribunal findings are never straightforward. People can’t be put into neat ‘good’ and ‘bold’ columns. It is part of the intrigue, and also part of the frustration.
So, we’ll try and give you the pertinent ones here.
The final report from the Tribunal, issued in March 2012, said that corruption affected “every level of Irish political life”, noting that it was allowed to continue unabated.
It concluded that Bertie Ahern did not ‘truthfully’ account for lodgements of over £165,000. However, it did not brand the former Taoiseach corrupt.
Mahon ruled that former TD Liam Lawlor “abused his role as an elected public representative”, and that he effectively “conducted a personal business” where he “corruptly sold his expertise, influence and experience” for his own personal gain.
Another finding against a Fianna Fáil man said former minister Padraig Flynn “wrongly and corruptly” took a payment of IRL£50,000 from developer Tom Gilmartin in 1989 and used the money for his personal benefit.
Former Fianna Fáil TD GV Wright also received a IR£5,000 “corrupt” payment from Christopher Jones, according to the final report.
It also made findings of corruption against 11 councillors.
Bertie Ahern had to resign from Fianna Fáil. Although he wasn’t found to be corrupt, the ‘truthful’ remark was enough to be the final nail in the coffin. Other colleagues also joined him in the (forced) resignations. They included Pádraig Flynn, GV Wright, Don Lydon, Finbarr Hanrahan and John Hannon.
Ray Burke was sentenced to six months in jail in 2004 for failing to make a proper tax return.
Liam Lawlor served three different spells in prison for failing to co-operate with the processes of the Tribunal.
The Revenue Commissioners chased down about €34 million of the money it was owed by various parties to the Tribunal.
It is good news for some of those who had bad days in over the past 15 years because of Flood, Mahon and Co.
Last summer, during a case taken by Joseph Murphy Structural Engineers against the Tribunal, the judges took issue with how it handled the evidence given by star witness James Gogarty.
Once the Supreme Court had made its ruling on what it described as withholding evidence wrongly, it was clear there would be problems for at least some of the findings of the 14-year-old inquiry.
And just a few months later, in came George Redmond.
The ex-planning official won his legal battle last month to have all conclusions and adverse findings against him removed. This came as a direct result of the Supreme Court ruling on Gogarty’s evidence.
In the High Court, the Tribunal said it would remove the findings and pay his legal costs.
That move also meant the findings of corruption against businessmen Michael Bailey and Joseph Murphy Jnr were also quashed for the same reasons. Findings that they hindered and obstructed the trial have also been rescinded.
He’s the man in the main picture of this article and was a former minister (he looked after numerous portfolios, including justice) in the 1980s and 1990s.
Following Redmond’s successful High Court action, and the Joseph Murphy Structural Engineers case the tribunal has written to a number of affected parties, including the former minister Burke, as well as businessmen Oliver Barry and James Stafford.
They have been told that the findings of hindering and obstructing the work of the Tribunal will be withdrawn. They will now be able to retrieve his legal costs, which run into millions of euro.
The Tribunal also apologised to Burke for the finding. There have been inconsistent reports on whether all others who were accused of the same charge in the second and third interim reports received the same written apology.
In short: James Gogarty.
The Supreme Court found that important material relevant to his credibility was wrongly withheld. One judge described the evidence as “potentially explosive”.
According to an Irish Times’ front page story on Thursday, that evidence included allegations by Gogarty against a politician and a law officer. Those allegations were deemed not credible and were redacted from the evidence before it was handed over to the legal teams of other witnesses.
The Tribunal put its hands up, accepting the Supreme Court judges take on this.
One of Ireland’s most famous whistleblowers, the former Garda and engineer is widely accepted as the man who uncovered the entire issue of corrupt planning. He responded to the initial public offer of a IR£10,000 reward for information leading to convictions in planning corruption by the former chairman of An Taisce Michael Smith and the barrister Colm Mac Eochaidh.
Appearing at the then Flood Tribunal, Gogarty gave perhaps the most crucial piece of evidence in saying that he had witnessed a bribe of IR£30,000 being paid to then Minister Ray Burke which he claimed was for the purpose of seeking Burke’s influence to rezone over 700 acres of land at several locations in north Dublin.
Gogarty’s criticism of his employers, whom he was in dispute with, several politicians and the planning process as a whole earned him widespread praise for his courage in exposing corruption in the planning process. He died in 2005.
An RTÉ PrimeTime programme on Thursday indicated that the finding that Bertie was not ‘truthful’ will not be impacted by these judgements.
However, lawyers for the Tribunal are now looking at all findings based on the Gogarty evidence.
The final figure put on the cost of the Tribunal was €159 million. That is actually much lower than initial estimates of €196 million.
It is not yet clear how much will need to be added to that to cover the new legal costs that have now arisen. Burke’s legal fees alone could reach up to €10 million.
However, in a statement earlier this month, Judge Mahon himself said that the €159 million estimate is still correct because Third Party costs will not increase from the €48.5 million budgeted for in May 2014.
“This estimate was based on the assumption that all third parties (including Mr. Redmond) received their full costs, following (where appropriate) an adjudication of those costs by the Taxing Master of the High Court.
“The recent Redmond case decision does not alter this estimate of € 48.5 million nor the estimate of € 159 million in relation to the total cost of the Tribunal since its inception.”
Judge Mahon also added: “The Tribunal’s estimates are based on actual costs paid, or likely to be paid, and not amounts claimed for costs.
It has been the experience of the Tribunal that in very many cases, third party claims for costs have been grossly exaggerated and bear little relevance to the costs actually paid or likely to be paid following negotiation and /or the Taxation process.
That statement was put up on the official Tribunal site (which is a horrid trip down the Internet’s memory lane, by the way) before the Ray Burke revelations this week.
The Tribunal continues, it seems.
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While family carers are means tested for carers allowance.
@Úna O Connor Barrett: you can say that again
@Úna O Connor Barrett: The funds are there Una, they just do not care… Let them know in the next election..
@Úna O Connor Barrett: think rich people should be subsidised by poorer taxpayers? That’s reason for a means test.
By all means question the threshold but if you are saying a millionaire should automatically qualify then I disagree.
The war is confined to a small part of the country now. You would imagine many of those that came here would be able to return.
@Munster1: Emphasis on for now. Things can change drastically not to mention many of these Ukrainians have not just lost their homes and family members, but their entire towns and cities too.
@Munster1: I think you can thank your lucky stars that you live in Ireland. What a dreadful comment. You have no idea of the horrors nor of the current and future situation of the country . Ukraine is a war zone, all of it currently. Perhaps you should devote some of your free time to helping the Irish disadvantaged and or the Ukrainian refugees. And yes, many of them want nothing more than to return to their homeland
@Dave Phelan: have you been there, have you witnessed first hand these so called atrocities, no, you sit at home in front of your PC and type idiotic statements. find some real information from real people, on the front line, and watch ho most of the cities are in fact, as everyday normal. what has happened to the people of ireland, now we just watch as our leader propose to be the “good boys ” of europe, while they neglect the needs of everyone in this country, unless you are rich of course and there is something in it for them.
@Darren Murphy: They were voted in because they were well able to ignore the needs of others. That happened long beforehand and it’s on us.
While family carers are means tested for carers allowance and have to fight for medical cards
@Úna O Connor Barrett: Absolutely true Una
In the first instance for many people reading this the initial gut response will probably be…
What about the homeless in Ireland? And why isnt the government funding support for them?
To put this in context the total of Public Expenditure on Homeless Service Provision in the Dublin Region in 2021 was €148,142,145 million.
So its not a case of help being made available for Ukrainian refugees, that has not been available to homeless people in Ireland or that this will somehow take funding away from currently homeless people, its two separate issues and both are being addressed.
The reason for continuing homelessness in ireland is not a lack of funding, its a lack of successive governments willingness, to build permanent social housing to replace current temporary accommodation.
@David Van-Standen: stop talking sense… It’s not appreciated on the journal..
@David Van-Standen: What I can’t fathom is why on earth any TD can’t simply make the call and build permanent housing with EU help. They could then be used later for social housing. All these subsidies are going to hotels while tourists can’t get to or from the airport.
@Aileen Lawlor: They will house whoever is next on the list freeing up emergency shelter for the next people.
Hotels cancelling reservations left, right, and centre because they’re getting 4 grand a week per room off the government to house Ukrainians. Twice in 2 weeks it’s happened at last notice to me, and then you’re paying through the teeth for another hotel.
@Ciarán O’ Donoghue: 4 grand a week, €570 a night…. per room. Whichnof your arses did you pull that figure out of?
@Ciarán O’ Donoghue: 100%. If a hotel has a stragety getting rack rates from the government it has to show 1st that they exist. The vast majority of hotels would love to go down this route hense medium hotels charging 350/400 per night when they were 140 average. They cant get staff so managing 50 rooms at 400 is better than 100 rooms at 140. And again no words from the IHF & Bord Failte. Very very quite.
What’s the Government’s fixation with the City West Hotel, first of all they block booked it as a Covid 19 Base, and now they are going to do the same for the Refugees. Who owns this place, and was these transactions done through Open Procurement, or could there be some Brown Envelopes involved.
@Owen G Mc Ginley: a quick Linkedin search shows the Chairman of Tetrarch who own the Citywest to be Paul Donnolly who is currently also a Senior Advisor to Digicel and was previously a non-exec board member of Digicel… never too far from Denis O’Brien in this country.
@Owen G Mc Ginley: It’s the largest hotel in Ireland, nearly 800 rooms, 2 convention centres and a leisure centre. That’s not including the golf hotel
@Owen G Mc Ginley: not whitstanding the other points made above its also extremely accessible from a transport point of view being only minutes from the M50/N7. No matter what the Govt do you can be guaranteed someone is making a tidy wedge from it.
@Owen G Mc Ginley: , down to all the political contacts made by Jim Mansfield over the years, starting with Liam Lawor, there still there
Current Government remind me of the FF/Green Government towards the end of 2020, a total shambles. Minsters have no control of their departments and the recent fiasco in Dublin Airport, to name one of many, proves this point. A General Election is badly needed as soon as possible.
While family carers are means tested for carers allowance and have to fight for medical cards.
@Úna O Connor Barrett: Yawn
And yet 10 000 irish residents are homeless. I completely agree with helping Ukraine, but look after people who reside in the country first. You cant bring in people into the country in order to inflate this figure next year. 10 000 homeless people, 10 000!!!
Money is the currency of power for this government. They love to have large scale expenditures that they use to curry favour for individual party members or for the party themselves. No money going out equals no votes, favours and LBE’s coming back in. They also don’t care, as can be plainly seen here for years and years, on whether they get value for that money spent, that is besides the point. Or to put it simply, CORRUPTION – alive and well for 50+ years and we just watch it slowly destroy the place.
While family carers are means tested for carers allowance and have to fight for medical cards
@Úna O Connor Barrett: One more time.. that will be 5.
Which government minister, TD or senior civil servant owns, part owns or has a financial interest in the Citywest…..in other words who’s pockets are they lining now
They think the war will Last Two years …???? As soon as things are right in Ukraine They should go back…and let the government sort out the homeless problem for a change
Move refugees out of Greater Dublin Area as use the rest of the country that has excess capacity.
Wow bought just before Covid for peanuts, two handy contracts from state that covers that cost more than once. Lucky deal or just lucky
So what happens if there is another scandemic and they need the hotel again for covid ?
@Ken Bramley: Dafuq is a scandemic? Braindead comment!
It’s a disgrace we need to deal with irelands own homeless I can wait till the next genral election fffg are f##ked
A good decision
Considering? This has been known the last 3 months, not Considering, done.
For god sake people of ireland stand up 10000 on the street family’s struggling children going hungry and the government look the other way I’m all for helping any one who needs help these people have been trough hell but many irish have been in hell for a long time bring on the election
Will they get free use of the golf course ?
Is the darts cancelled so?
have your say